A British national who is embroiled in a child custody battle with his former Kenyan girlfriend wants Mombasa High Court judge John Onyiengo to recuse himself from the case.
Kevin Barry, a former police detective attached to the Scotland Yard, accuses Justice Onyiengo of being biased and compromised.
His application comes a week after the judge quashed an order from the lower court granting the foreigner daytime care of the three-year-old boy, and instead put the child under the custody of his mother Hellen Maria Imokor pending the hearing and determination of the matter.
Barry wants the matter to be presided over by another “competent, unbiased and independent judge”, who will protect the rights of both parties.
He claims Justice Onyiengo handed over the child’s custody to his Maria despite presenting evidence showing that she has a history of being dangerous and in constant contempt of court orders.
Barry also faults the judge for dismissing his application to determine the psychological well-being of Maria before being granted custody of the child.
“The court has acted with partiality and bias while conducting this trial and I feel that the decision it will make will not be in the interest of justice,” he said.
In his ruling, Justice Onyiengo said Barry’s application alleging that Maria is mentally sick and unfit to be with the baby lacked medical support.
Maria is said to have met Barry during his visit to Kenya in 2016. The Briton had come to Kenya as a tourist and met Maria in Diani after which their relationship blossomed leading to the birth of the boy in 2017.
In 2019, Maria filed a case at the Mombasa High Court seeking child maintenance for their son from Barry, but the foreigner retaliated by filing a lawsuit seeking custody of the boy, claiming Maria has denied her access to his son.
Welcome to the corrupt…
Welcome to the corrupt Kenyan judges whose angle to decision making process is primarily based on how much money is offered to them as a bribe!
Going by only what we know…
Going by only what we know from the article, there is no reason for the judge to recuse himself.
1 They met in 2016.Three years later she is mentally unfit? And this comes out after she files for child support?Its possible,but doubtful.
2 In a fair court, it is very hard for the courts to give custody to the father.You have to prove that the mother is really unfit,and the safety of the child is danger.
3 When you characterize a judge as incompetent,biased,and not independent,his’Friends of the Court” dont take that lightly.
4 Yes mothers have that primal instinct to protect their young ones.They become dangerous to any threat to their well being.And not Iam not being a sexist here.Fathers protect too,but,when you carried the baby for nine months or so,and probably with limited support,you have that extra drive to protect.Generally speaking ofcourse.My two cents.